AAM-10-13-00001-P Reporting and Labeling Requirements Governing Sale and Analysis of Commercial Fertilizer

3/6/13 N.Y. St. Reg. AAM-10-13-00001-P

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 10

March 06, 2013

RULE MAKING ACTIVITIES

DEPARTMENT OF AGRICULTURE AND MARKETS

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. AAM-10-13-00001-P

Reporting and Labeling Requirements Governing Sale and Analysis of Commercial Fertilizer

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend sections 153.2 and 153.7 of Title 1 NYCRR.

Statutory authority:

Agriculture and Markets Law, sections 144 and 146-c

Subject:

Reporting and labeling requirements governing sale and analysis of commercial fertilizer.

Purpose:

To provide for annual tonnage reporting and increase uniformity for growers and fertilizer industry.

Text of proposed rule:

Section 153.2 of Part 153 is amended to read:

Section 153.2. Plant [n]Nutrients [guarantees.] in Addition to Nitrogen, Phosphate and Potash.

(a) [Any] Other plant nutrients [in addition to nitrogen, phosphoric acid and potash when claimed in the labeling of any commercial fertilizer shall be guaranteed on the elemental basis.] when mentioned in any form or manner shall be guaranteed. Guarantees shall be made on the elemental basis. Sources of the elements guaranteed and proof of availability shall be provided to the Department upon request. Except guarantees for those water soluble nutrients labeled for ready to use foliar fertilizers, ready to use specialty liquid fertilizers, hydroponic or continuous liquid feed programs and guarantees for potting soils, [T]the minimum percentages which may be guaranteed are as follows:

Element	Percentage
Calcium (Ca)	1.00
Magnesium (Mg)	0.50
Sulfur (S)	1.00
Boron (B)	0.02
Chlorine (Cl)	0.10
Cobalt (Co)	0.0005
Copper (Cu)	0.05
Iron (Fe)	0.10
Manganese (Mn)	0.05
Molybdenum (Mo)	0.0005
Nickel (Ni)	0.0010
Sodium (Na)	0.10
Zinc (Zn)	0.05

Guarantees or claims for the above listed plant nutrients are the only ones which will be accepted. Labels and directions for the use of the fertilizer shall be furnished with the application for license and upon request. Any of the above listed elements which are guarantee[s]d shall appear in the order listed[,] immediately following guarantees[d] for the primary nutrients[,] of nitrogen, [phosphoric acid] phosphate and potash. Warning or caution statements are required on the label for any product which contains 0.03 percent or more of boron in a water soluble form or 0.001 percent or more of molybdenum. In the case of such boron content, the warning or caution statement shall be conspicuously displayed, shall state the crop or crops for which the fertilizer is to be used, and state that the use of the fertilizer on any other than those recommended may result in serious injury to said crop; in the case of such molybdenum content, the warning or caution statement shall be conspicuously displayed, shall state the crop or crops for which the fertilizer is to be used, shall state that the use of the fertilizer on any other than those recommended may result in serious injury to said crop and further state that the application of fertilizers containing molybdenum may result in forage crops containing levels of molybdenum which are toxic to ruminant animals. No claims or guarantees shall be made for any commercial fertilizer except for the elements set forth above.

(b) When any plant nutrient guaranteed is broken down into the component forms, the percentage for each component shall be shown before the name of the form, for example, "4% Nitrate Nitrogen".

Section 153.7 of Part 153 is amended to read:

Section 153.7. Tonnage reports.

In accord with section 146-c of the law, each licensee who distributes commercial fertilizer in this State shall furnish the commissioner with a written report for the period[s ending June 30 and] January 1 through December 31 of each year indicating the tonnage distributed during [those] that period[s] on forms or in a format prescribed by the commissioner. Said report[s] shall be filed within 30 days of the end of [each] the reporting period.

Text of proposed rule and any required statements and analyses may be obtained from:

Kevin King, Director Plant Industry, Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

This rule is proposed as a consensus rule within the definition of that term in the State Administrative Procedure Act section 102(11) pursuant to the expectation that no person is likely to object to its adoption because it is non-controversial.

Agriculture and Markets Law (AML) § 144 provides that guarantees for plant nutrients except phosphoric acid and potash shall be expressed in the form of the element in a manner prescribed by the Commissioner of Agriculture and Markets. The proposed amendments to 1 NYCRR § 153.2 would provide an exemption below minimum plant nutrient guarantees for foliar, specialty liquid, hydroponic fertilizers and potting soils. In addition, the proposed amendment requires that labels and directions be furnished with the application for a license to distribute commercial fertilizer and upon request. Further, that there would be a stated minimum concentration for the plant nutrient Nickel.

Section 153.2 currently provides minimum allowable guarantees in which a fertilizer product may be labeled for secondary use and micronutrients for plant growth. This standard provides the fertilizer industry with uniformity in the minimum concentration in which a plant nutrient may be guaranteed. The proposed amendment to § 153.2 would provide an exemption for labeled nutrients that are below minimum concentration for water soluble nutrients labeled for ready to use foliar fertilizers, ready to use specialty liquid fertilizers, hydroponic or continuous liquid feed programs and guarantees for potting soils. Greenhouse and hydroponic plant growth conditions are different than the growth conditions in the field. The lower guarantees are necessary so that too many nutrients are not provided to the plant all at once. This amendment will allow specialty fertilizer products to be distributed in the State. The New York greenhouse, hydroponic, lawn and landscaping, tree fertilizing as well as agricultural community will benefit from the availability of these specialty fertilizer products.

In addition, the proposed amendment provides a minimum allowable concentration for the plant nutrient Nickel (Ni) of.0010%. Further, labels and directions for the use of the fertilizer will be furnished with the license application and upon request. The adoption of the proposed amendments, which are consistent with the Association of American Plant Food Control Officials (AAPFCO) Uniform State Fertilizer Bill-Rules and Regulations-Fertilizer, will provide increased uniformity for both growers and the fertilizer industry.

Agriculture and Markets Law (AML) § 146-c requires that each licensee who distributes commercial fertilizer in this State shall furnish the Commissioner with a written statement of the tonnage of each grade of commercial fertilizer sold in this State during the calendar year. The report shall be submitted in the form and with such frequency as the Commissioner shall require by regulation. Currently § 153.7 provides that tonnage reports are submitted for the periods ending June 30 and December 31. The proposed amendment would change the reporting from semiannual to annual and require that tonnage reports be submitted for the period January 1 through December 31 of each year.

There are approximately 480 entities licensed to distribute commercial fertilizers in New York State. The proposed reporting amendment will decrease costs associated with reporting since a regulated business will be required to report tonnage on an annual basis instead of semi-annual. Since the proposed rule will relieve a regulatory burden upon the fertilizer industry but still fulfills the reporting requirement contained in AML § 146-c it is expected that no one is likely to object to the proposed amendment. In 2010 the Department requested comments regarding switching tonnage reporting to once a year. The responses were supportive of annual versus semi-annual tonnage reporting. Annual reporting also simplifies and decreases the time spent by Department personnel mailing tonnage requests and processing tonnage reports. The proposed amendment fulfills the reporting requirement contained in AML § 146-c while decreasing the reporting burden on the fertilizer industry as well as the Department.

Job Impact Statement

The proposed amendments to Section 153.2 will provide an exemption below minimum plant nutrient guarantees for specialty fertilizers, require labels and directions be furnished at time of license application and provide a minimum concentration for the plant nutrient Nickel. The amendments will allow specialty fertilizers to be distributed in the State and increase uniformity for both growers and the fertilizer industry. The proposed rule is expected to have a positive impact upon jobs and employment opportunities in the State’s greenhouse, hydroponic, lawn, landscaping, and tree fertilizing industries as well as the agricultural community.

The proposed amendment to Section 153.7 reduces the tonnage reporting requirements for licensed distributors of commercial fertilizers from twice a year to once a year. This amendment reduces a regulatory burden upon entities licensed to distribute commercial fertilizers in New York State and as such is expected to have a positive impact upon jobs and employment opportunities.